Business operating from home

Started by JoanneL • 7 replies • 1553 views

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JoanneL (Virginia)
Posts: 22

Posted:

Former President sold townhouse; buyer asked if they could operate a daycare center from home and he said yes. Checked HOA rules and clearly states the homes are designated "residence only." Problem occurs in evening when customers are parked in other owners' assigned spaces picking up their kids and talking with the daycare operator and other parents. I asked the new owner to move her and her husband's cars onto the street so their customers could park in their assigned spaces but the new owner ignored my request. Notified officers 9 months ago of HOA violation and they haven't done anything. We're a small association and the Board handles everything. Since I can't get the new owner to respect other owners assigned spaces, what alternatives do I have to force the board to enforce the parking rule? The board isn't going to notify her to close her business but the new owners should be required to use only their spaces for their business.

KarenT (Washington)
Posts: 250

Posted:

Joanne,

We had a similar situation within our subdivision with an individual running a home daycare (which was against our CCR's) in conjunction with a licensed daycare across the street. The traffic was horrible as it was at the entrance to the subdivsion. Anyway, I just contacted the state agency who monitors in home daycare facilities and filed a complaint. They sent out an investigator who determined they were operating without a license and that was the end of that.

GlennG (Idaho)
Posts: 5

Posted:

Also check with your City Zoning and planning dept. It might be against city law to have a business in a home.

GloriaM (North Carolina)
Posts: 829

Posted:

Joanne:

Do a search on this forum you will see many discussions on this subject. Rule of thumb is; if it creates noise, an influx of traffic and has the potential of becoming a nusiance to the neighborhood then no, especially a daycare.

Now on the other hand if she is not putting up a sign and is babysitting 2 or 3 kids that's different from running a daycare. If someone wanted to do computer websites from their home, this doesn't create any problem to the neighborhood, however a mechanic doing auto body work would become a nusiance to his surrounding neighbors.

JoanneL (Virginia)
Posts: 22

Posted:

Thanks to all who replied. I checked with the state - she does have a license. Our HOA rules state that the membership has to vote on any waivers of the existing rules and there is nothing in our meeting notes that she ever asked for one. I will write another letter to the Board and use some of the phrases expressed here to see if that gets them to do their job.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

JoanneL: When you write your letter to the Board, you can include the fact that she has admitted to having a license for childcare which then constitutes that she is running a 'business'. She needs to ask for written permission from the Board just as the official documents dictate.

KentS (Maryland)
Posts: 12

Posted:

Check the state laws first. Maryland statutes specificly authorize such businesses and appear to trump any CCR restrictions.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Joanne,
I think that the real issue here is that the parking is disruptive to your residents. The amount of traffic has increased also which is another problem to deal with. Gosh only knows that no one wants to deny a person from making a living but it also cannot be something that infringes on others who have the right to peaceful living according to how and why they purchased their property.
The bad news is that your Docs state "Residence Only" but that is so vague and does not deny her from conducting a business from her own property. I think that your Board NEEDS to have a serious talk with her and get the vehicle situation straightened out right away. She needs some boundries spelled out and then this should then be easier for all of you to deal with.

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